Nolan Edward Klein v. Steven P. Elliott, Timothy G. Randolph, City of Sparks and Mark McCartt

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nolan Edward KLEIN, Plaintiff-Appellant, v. Steven P. ELLIOTT, Timothy G. Randolph, City of Sparks and Mark McCartt, Defendants-Appellees. No. 94-15574. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 22, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Nolan Edward Klein, a Nevada state prisoner, appeals pro se the district court's order dismissing Klein's civil rights complaint with prejudice as frivolous pursuant to 28 U.S.C. Sec. 1915 (d). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We vacate and remand. 3 In his 42 U.S.C. Sec. 1983 complaint, Klein alleged that the named defendants conspired to conceal from the judge an offer of judgment in another civil rights action. Pursuant to a procedure initiated by the Nevada District Court, the district court ordered Klein to pay a five dollar filing fee. Klein paid the filing…